DUI

When Does a DUI Become a Felony in California?

California law is strict when it comes to DUI charges. A conviction means mandatory jail time, fines, loss of license, and DUI school. However, multiple DUI arrests or having a severe accident while driving under the influence means you could face a felony DUI in California.  If you have a California felony DUI charge, then you need a tough, aggressive, and skilled California DUI lawyer to help you fight your charges. With representation from a veteran San Diego criminal defense lawyer like Mark Greany, you can get the edge you need to beat a felony DUI in California. California’s DUI Law Section 21352 of California’s Vehicle Code is the state’s DUI law. Under Section 21352, police can charge you with DUI if: -You drive under the influence of an intoxicating beverage, drugs, or both; -You have a blood-alcohol concentration of 0.08 or greater and you are an adult; -Your blood-alcohol concentration is 0.01 and you are younger than 21 or on probation for a DUI charge; or -You have a blood-alcohol concentration of 0.04 while driving a commercial vehicle. Most DUIs are misdemeanor charges. There are times, however, when you can pick up a felony DUI in California.  When Is a DUI a Felony in California? Having three or more DUI convictions on your record within 10 years subjects you to a felony DUI charge. Prior offenses that count toward a felony include: -Convictions for misdemeanor DUI charges, -Convictions for so-called “wet reckless” charges, -Out-of-state DUI convictions, and -Previous DUI felony convictions. You can also face a felony charge if someone dies or sustains significant injuries in a car crash and the police believe that you are under the influence. Penalties for a Felony DUI in California The penalties for felony DUIs in California vary greatly depending on the circumstances of the case. You face between 16 months and four years in state prison for a fourth DUI conviction or a subsequent felony offense in 10 years. The possible fines range from $390 to $1,000 as well. The stakes get higher if someone is hurt or dies in a crash with a person driving under the influence. A DUI resulting in an injury “wobbles” between a felony and misdemeanor. The prosecution will decide whether to charge you with a misdemeanor or felony.  A DUI resulting in death is subject to even greater periods of incarceration. Depending on the facts, you could face anywhere between a year in prison up to life with the potential for parole at 15 years for a second-degree murder charge. Fight for Your Freedom Take charge of your future today. A conviction for a felony DUI means you could lose not only your liberty, but other freedoms too. You will lose your driver’s license, your right to vote, and your right to bear arms after a felony DUI conviction. Don’t wait to see what happens. Call the Law Office of Mark Greany right away at 858-531-6387 if you have any questions about felony DUI in California. Mark believes in fighting for your rights, and he believes in the Constitution. He will not rest until you have achieved justice in your DUI case.

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DUI

California Drunk Driving Laws: Overview

If you have a California driver’s license you should know California’s drunk driving laws. You should know what could get you in trouble, and more importantly, how to stay safe. But if you find yourself facing charges under California DUI laws you need to call the Law Office of Mark Greany at (858) 531-6387 right away. Mark Greany is an experienced San Diego criminal defense attorney who knows how to successfully defend against DUI charges. Current Laws About Drunk Driving in California The California DUI law is complex, and there are numerous technical and legal components to understand, including the legal limit, implied consent, aggravated penalties, and ignition interlock devices. If you have questions, reach out to our law office right away. The Legal Limit Under the California Vehicle Code §23152, it’s illegal to drive while under the influence of: – An alcoholic beverage; – Any drug; – A combination of alcohol and drugs; or – When your blood alcohol content (BAC) is 0.08% or higher. If you have a commercial driver’s license and are in a commercial vehicle, your legal limit is 0.04% BAC.    Read this law carefully. Most people assume you must be over the legal limit to face a DUI. But that isn’t true. Even if you’re under the legal limit or have no alcohol in your system, you could still be convicted of a crime under the DUI laws in California if drugs are found in your system. Wet Reckless California has a lesser charge that is often referred to as a “wet reckless.”  As an experienced defense attorney, Mark Greany knows how to negotiate with the prosecutor to reduce charges and penalties. In many cases, a DUI can be reduced to a “wet reckless.” This means that your record would show that you were convicted of a reckless driving charge. However, it is “wet”  because if you are ever arrested for a DUI again this conviction will count as a prior conviction for a DUI. Implied Consent  California’s implied consent law means you’re required to take a breath test if an officer arrests you for drunk driving. There are penalties if you refuse. The civil penalty is an administrative per se license suspension. You’ll receive a 30-day temporary license, and you’ll have 10 days to request an administrative hearing to object to the suspension. Otherwise, a civil license suspension goes into effect for four months for a first-time offense or one year for a subsequent offense within 10 years. You could also face additional criminal penalties if convicted, including mandatory jail time. You aren’t required to take a pre-arrest breath test. You can refuse a roadside breath test without penalty unless you’re under 21 years of age or on probation for a previous DUI. If you take a roadside breath test, the results can be used against you in court. DUI Penalties The DUI laws in California provide for different sentences based on your BAC level, previous DUI convictions, and whether you refused a breath test.   First-Time DUI – Up to five years of summary probation; – Up to six months in jail; – Fines and assessments up to $2,300; – A three or nine-month alcohol or drug education program; – Possible ignition interlock device for up to three years; and – License suspension for up to six months. Second DUI – Up to five years of summary probation; – Between 96 hours and one year in jail; – Fines and assessments of up to $4,000; – An 18 or 30-month DUI school; – Ignition interlock device for one year; and – License suspension for up to two years. Third DUI – Up to five years of summary probation; – Between 120 days and one year in jail; – Fines and assessments of up to $18,000; – A 30-month DUI school; – Ignition interlock device for two years; – “Habitual traffic offender” designation; and – License suspension for up to three years. It helps to speak with a San Diego criminal defense lawyer about the minimum and possible maximum penalties. Felony DUIs Under California DUI laws, most DUIs are misdemeanors. But a DUI becomes a felony under certain circumstances. – A fourth DUI within 10 years; – A DUI after a previous felony DUI conviction; and – A DUI that caused someone else injury or death. In these situations, you can face higher fines, a longer jail or prison sentence, and a longer driver’s license suspension. Do You Have Questions About California Drunk Driving Laws? Always keep in mind that a DUI charge is not a conviction. You can and should defend yourself with the help of a San Diego DUI lawyer. Mark Greany knows California DUI laws and defenses. He’s ready to investigate the charges, build an effective defense strategy, and fight for the best possible outcome in your case. If you’re ready to talk about your situation, contact the Law Office of Mark Greany or call (858) 531-6387 to set up a free initial consultation. 

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The Bill of Rights – Protecting Our Freedom

We live in a free country. The Bill of Rights protects our freedom. It protects us from our very own government by recognizing fundamental rights that are essential to maintain our freedom. Government agents often try to impose upon our rights in the interest of law enforcement. The people who fight to uphold the Bill of Rights are heroic freedom fighters. Tim Cook is one. Tim Cook is the CEO of Apple, Inc. He is fighting a government order that would require Apple to create an operating system to enable the FBI to gain access to a phone that belonged to Syed Rizwan Farook, who with his wife Tashfeen Makik, shot to death 14 people and wounded 22 others in a terrorist attack in San Bernadino, California. The problem is that if Apple were to provide such an operating system (referred to as the GovtOS) then everyone’s iPhone would be open to the government. Tim cook made a difficult, but correct decision. If you agree, I appreciate your understanding of this complicated situation. If you disagree, I urge you to read the rest of this article. First of all, it is just too easy to condemn Tim Cook’s position without really thinking about his reasoning. The most simplistic, and incomplete view of this problem is that Apple refuses to help the government hack a terrorist’s phone, simply to protect Apple’s profitability. That’s the version of this story that the government wants you to believe. That’s what President Obama is suggesting when he said “It’s fetishizing our phones above every other value.” Even further off base, presidential candidate Donald Trump said about Apple: “Who do they think they are?” He called for a boycott of the company. My response to Obama’s remark is that Cook is not fetishizing a phone, he is protecting our fundamental right to privacy. My answer to Trump is that Cook thinks he is a responsible citizen. What is really at stake here is our privacy. We now live in the age of Golden Surveillance. In the extreme, this case could set the precedent for extraordinary invasions of our privacy. As Cook said in a recent Time article “Maybe law enforcement would like the ability to turn on the camera on your Mac.” Tim Cook is not simply attempting to avoid the government’s request to hack Farook’s phone to preserve Apple’s business. It is much deeper than that. Cook is a hero of free society who is concerned with the bigger picture. He is thinking about civil liberties and the founding principles of this country. So now you might ask, well, why is our privacy so sacred? Perhaps that thought arises because you are so accustomed to your privacy that you never have to defend it. But think about societies that do not have the right to privacy. The citizens of those societies are vulnerable to oppressive and abusive governments. It’s unfortunate that there may be information on Farook’s phone that could help combat terrorism. But that is not a valid reason to force a company to create an operating system that would enable the government to invade our right to privacy.

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